The PRC’s New Approach to Deterring Pangolin Crime and the Concept of Criminal Incidental Civil Public Interest Litigation

Abstract

Pangolin crime in the People’s Republic of China (PRC) is high due to the demand for pangolins as food and as a component of traditional medicine in Chinese culture, and the large financial benefits accrued by those involved in the illegal pangolin trade. To better combat wildlife crime and protect wildlife interests, in recent years the PRC has begun to vigorously implement a mechanism of public interest litigation to redress environmental torts. In the criminal sphere, public interest litigation operates in the form of ‘criminal incidental civil public interest litigation’, with the prospect of damages and a public apology serving as a powerful substantive and moral deterrent to criminal acts that harm pangolins. However, as a new litigation system, criminal incidental civil public interest litigation still faces several problems, such as an inadequate basis in procedural law, a lack of interface with the Wild Animal Conservation Law, and confusion over the application of its remedies.